The handoverstage is often the most anticipated moment for apartment buyers, yet it is also the phase where the maximum number of legal disputes arise. Across India, residents face recurring challenges such as possession without Occupancy/Completion Certificates (OC/CC), delayed possession, improper maintenance demands, and incomplete transfer of common areas and documents.

The Real Estate(Regulation and Development) Act, 2016 (RERA), supported by Supreme Court and consumer forum rulings, provides a robust framework of protections for buyers. Awareness of these safeguards is essential to ensure a fair and lawful handover process.

⚖️ Core Legal Issues in Handover

Possession without OC/CC

1. 1. The Supreme Court has held that handing over flats without an Occupancy Certificate is a deficiency in service. 
2. 2. State RERAs such as UP-RERA mandate that possession letters can only be issued after OC/CC, and copies must be shared at handover.

Delayed Possession & Compensation

1. 1. Under Section 18 of RERA, buyers are entitled to interest or refund with compensation when builders fail to deliver on agreed possession timelines.
2. 2. RERA authorities regularly award delay interest for such breaches.

Defect Rectification

1. 1. Section 14(3) provides a 5-year defect liability period from possession.
2. 2. Builders must rectify defects within 30 days of notice, failing which compensation is payable.

Unlawful Maintenance Demands

1. 1. Builders cannot levy maintenance charges before obtaining OC.
2. 2.Both the Supreme Court and the NCDRC (National Consumer Disputes Redressal Commission) have clarified that possession without OC is only “paper possession.”

Incomplete Transfer of Common Areas & Documents

1. 1. Sections 11 and 17 of RERA require promoters to hand over all common areas, title documents, and essential plans within specified timelines.

📜 Documents to Verify at Handover

• ü  Occupancy/Completion Certificate (OC/CC) issued by BBMP or the competent authority.
• ü  Approved building plans and sanction drawings, block-wise and floor-wise.
• ü  Land title/ownership documents and the registered sale deed or agreement for sale.
• ü  No-dues certificates for utilities, tax receipts, and cleared outgoings.
• ü  Technical packs: warranties, O&M manuals, statutory clearances, and as-built plans.
• ü  Inventory of common area assets (lifts, DG sets, STP, fire safety systems, keys, and amenity records).

🏛️ Buyer Rights & Remedies Under RERA

• Section 11 → Builder must hand over documents, plans, and enable formation of the association of allottees.
• Section 14(3) → 5-year defect liability, with rectification within 30 days or compensation.
• Section 17 → Builder must transfer title and common areas within 30 days of OC.
• Section 18 → Buyers can claim interest/refund for delay in possession.
• Section 19 → Allottees have the right to receive possession and all necessary documents.
• Section 31 → Buyers can file complaints before RERA for violations; matters are typically decided within 60 days.

🏠 Common Areas & Association Handover

Builders are obliged under Section 11(4)(e) to facilitate the formation of the association of allottees (RWA).

• If no local law specifies otherwise, Section 17 mandates that common areas and documents must be transferred within 30 days of OC.

Promoters must also hand over:

1. Maintenance fund details.
2. Financial statements.
3. Continuity of essential services until full takeover.

🔍 Step-by-Step Checklist for Buyers During Handover

• a) Conduct a Snag Inspection → Document defects before signing possession.
• b) Invoke Defect Liability → Within 5 years, notify builder of defects; rectification must occur within 30 days or compensation applies.
• c) Check RERA Records → Verify project approvals, OC/CC status, and registered timelines.
• d) File Complaints if Needed → Use Section 31 RERA complaint portals for delay, missing OC/CC, incomplete documents, or unresolved defects.
• e) Consumer Forum Recourse → If OC is not obtained, pursue remedies for deficiency in service.
• f) Consider Conciliation → Many state RERAs offer conciliation forums for amicable settlement.

🚀 When and How to Escalate Disputes

• 1. To RERA → For possession delays, OC/CC non-issuance, unlawful maintenance demands, or failure to hand over common areas.
• 2. For Refund/Interest → File under Section 18 with agreement timelines and payment proofs.
• 3. Consumer Protection Route → For broader unfair practices, deficiency in service, or persistent OC failures.

🏡 Key Takeaway for Apartment Buyers and RWAs

Most handover disputes arise because buyers accept possession without fully checking compliance. By insisting on OC/CC, verifying key documents, and using RERA’s protections, residents can safeguard themselves against exploitation.

At SYSTEQIndia, we advise RWAs and homebuyers on navigating these challenges, ensuring that the handover process is legally compliant, transparent, and dispute-free.